SUBJECT
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Approve Right-of-Way Agreement between Jasmine Sarmiento, and Polk County in conjunction with the County Road 557 Project, Parcels 140,141 and 727. ($275,000 one-time expense)
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DESCRIPTION
The County has a Community Investment Project to improve County Road 557 to a four-lane corridor from north of US Highway 17/92 in Lake Alfred, to south of the I-4 Interchange. To allow construction of the new roadway, the County will need to acquire additional right-of-way for the corridor from impacted property owners. The Board previously adopted a resolution authorizing negotiations and written offers to be made on this project.
Parcel 140 is a partial take fee parcel, containing approximately 16,500 square feet, needed for mainline right-of-way and Parcel 141 is a whole take fee parcel, containing approximately 1-acre, needed for mainline right-of-way and as part of a storm water retention pond for the project. The parent parcels are contiguous, vacant, rectangular shaped parcels, containing a total of approximately 2-acres located along the west side of County Road 557. The project will necessitate the reconstruction of a residential driveway connection to CR 557 and Parcel 727 is a temporary construction easement parcel, containing approximately 450 square feet, needed for the construction and harmonization of said driveway. The County hired an independent appraiser to establish full compensation for the taking of Parcel Numbers 140, 141 and 727 and the owner, Jasmine Sarmiento, through her attorney, rejected the County’s offer. Subsequent negotiations with the owner’s attorney have resulted in a total settlement amount of $275,000 for the purchase of the parcels inclusive of all attorney’s fees and expert’s costs.
The County Attorney’s Office and the Real Estate Services Director have reviewed the agreement and recommend approval. The alternative of acquiring these parcels through condemnation litigation would result in substantial cost to the County. Approving the Right-of-Way Agreement, authorizing the issuance of funds for the purchase, along with attorney fees and expert costs, will allow the County to close the transaction and acquire the parcels needed for the project.
RECOMMENDATION
Request Board approve the aforementioned Right-of-Way Agreement for Parcels 140, 141 and 727 and authorize the issuance of funds in the amount of $275,000 for the purchase of the parcels along with attorney’s fees and costs as stated above payable to Miller Troiano, P.A., Trust Account for disbursement.
FISCAL IMPACT
Funds are budgeted and available in Roads and Drainage 5-year CIP in the Impact Fee District “D” Fund.
CONTACT INFORMATION
R. Wade Allen, Director
Real Estate Services
863-534-2577